Request for Exemption from Noise Control
By-law No. 3453-79 - 71 Clouston Avenue
Ward 27, York Humber
The York Community Council recommends the adoption of the following report (July 12, 1999) from the Manager,
Municipal Licensing and Standards, West District:
Purpose:
To report on a request for an exemption from former City of York Noise Control By-law No. 3453-79.
Financial Implications:
There are no financial implications for the City.
Recommendations:
It is recommended that:
(1)owner of 71 Clouston Avenue be granted an exemption from the provisions of Noise Control By-law No. 3453-79, for
the following dates and times:
Friday, July 30, 1999 from 12:00 noon to 8:00 p.m.
Saturday, July 31, 1999 from 9:00 a.m. to 8:00 p.m.
Sunday, August 1, 1999 from 10:00 a.m. to 8:00 p.m.; and
(2)the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.
Background:
The former City of York Noise Control By-law No. 3453-79 prohibits the emission of amplified sound from electronic
devices incorporating one or more loudspeakers if the noise is audible in residential areas on any day after 5:00 p.m. The
by-law also provides that Council may grant exemptions from the provisions of the by-law.
Discussion:
On July 2, 1999 a letter dated June 22, 1999, was received from the owner of 71 Clouston Avenue, requesting an
exemption to the noise by-law to allow music to be played in the back yard of his property. Mr. and Mrs. Doodram's son is
getting married and accordingly, it is proposed to hold a Hindu ceremony in the backyard of 71 Clouston Avenue. The
celebration would extend over a three day period.
This celebration is in addition to another ceremony the couple is having on July 31 at St. Bernard Church, located at 1789
Lawrence Avenue West.
The exemption is to cover the following days and times:
July 30,1999 from 12: 00 noon until 10:00 p.m.
July 31,1999 from 9:00 a.m. until 8:00 p.m. and
August 1,1999 from 10:00 a.m. until 10:00 p.m.
On July 8, 1999 the applicant submitted a list of neighbours who apparently are not opposed to the noise exemption being
granted. Unfortunately the list does not include the addresses of the neighbours. The applicant advises that approximately
30 to 40 people will attend the backyard wedding ceremony on July 31, 1999 and that the neighbours on either side will be
in attendance.
On July 30, and August 1, 1999, approximately 20 to 30 people will be in attendance periodically throughout the day.
In residential zones the noise by-law prohibits the making of noise likely to disturb residents after 5:00 p.m. until 7:00 a.m.
the next day. For Sundays the prohibited period is extended to 9:00 a.m.
Conclusion:
Should Council decide to approve this request, given that the exemption being requested is for a three day period, it may be
in the best interest of the area residents to limit the time period of the exemption to 8:00 p.m. on each of the specified days.
Contact Name:
Douglas Jack
Municipal Licensing and Standards Division
West District
Tel: 394-2533Fax: 394-2904